Common use of Interpretation, etc Clause in Contracts

Interpretation, etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any Article, Section, Schedule or Exhibit shall be to an Article or a Section of, or a Schedule or an Exhibit to, this Agreement, unless otherwise specifically provided. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. The words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all real and personal, tangible and intangible assets and properties, including cash, Securities, accounts and contract rights. The word “law” shall be construed as referring to all statutes, rules, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply), and all judgments, orders, writs and decrees, of all Governmental Authorities. Except as otherwise expressly provided herein and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference to any statute, rule or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entity, any other Governmental Authority or entity that shall have succeeded to any or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof. All references to dividends or distributions shall be deemed to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized as a return of capital.

Interpretation, etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any ArticleSection, SectionAnnex, Appendix, Schedule or Exhibit shall be to a Section, an Article or a Section ofAnnex, or an Appendix, a Schedule or an Exhibit toExhibit, this Agreementas the case may be, hereof unless otherwise specifically provided. The words use herein of the word “include”, “includes” and or “including,” when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not no limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. The words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all real and personalother items or matters that fall within the scope of such general statement, tangible and intangible assets and propertiesterm or matter. Unless otherwise indicated, including cash, Securities, accounts and contract rights. The word “law” shall be construed as referring to all statutes, rules, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply), and all judgments, orders, writs and decrees, of all Governmental Authorities. Except as otherwise expressly provided herein and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference . The following terms have the meanings given to any statute, rule or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, them in the case UCC and terms used herein without definition that are defined in the UCC have the meanings given to them in the UCC (such meanings to be equally applicable to both the singular and plural forms of any Governmental Authority or any self-regulating entity, any other Governmental Authority or entity that shall have succeeded to any or all functions thereof, and (d) the words terms defined): “hereinaccount”, “hereofaccount debtor”, “certificated security”, “chattel paper”, “commercial tort claim”, “electronic chattel paper”, “equipment”, “fixture”, “general intangible”, “goods”, “instruments”, “inventory”, “investment property”, “letter-of-credit right”, “proceeds”, “record” and “hereundersupporting obligation”, and words of similar import, shall be construed . The term “insider” as used herein has the meaning given to refer to this Agreement such term in its entirety and not to any particular provision hereof. All references to dividends or distributions shall be deemed to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized as a return of capitalBankruptcy Code.

Interpretation, etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, plural depending on the reference. A gender includes all genders. References herein to any Article, Section, Schedule or Exhibit shall be to an Article or a Section ofSection, or a Schedule or an Exhibit toExhibit, as the case may be, of this Agreement, Loan Agreement unless otherwise specifically provided. The words “include”, “includes” and “including” Any reference to an agreement or document shall be deemed to include all exhibits, annexes, appendices and schedules thereto. The use herein of the word “include” or “including”, when following any general statement, term or matter shall not be followed by construed to limit such statement, term or matter to the phrase specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation”” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. The word “will” shall be construed to have the same meaning and effect as the word “shall”. The words terms “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all real and personal, tangible and intangible assets and properties, including cashCash, SecuritiesEquity Interests, accounts securities, revenues, accounts, leasehold interests and contract rights. The word “law” shall be construed as referring to all statutes, rules, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply), and all judgments, orders, writs and decrees, of all Governmental Authorities. Except as otherwise expressly provided herein and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference to any statute, rule or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entity, any other Governmental Authority or entity that shall have succeeded to any or all functions thereof, and (d) the words “hereinhereof”, “hereofherein” and “hereunder”, and words of similar import, when used in any Loan Document shall be construed to refer to this Agreement in its entirety such Loan Document as a whole and not to any particular provision hereofof such Loan Document. All The terms lease and license shall include any sub-lease and sublicense, as applicable. In the computation of a period of time from a specified date to a later date, the word “from” means “from and including” and the words “to” and “until” each mean “to but excluding”. In addition, (a) references herein to dividends or distributions agreements and other Contractual Obligations shall be deemed to include all payments subsequent amendments, restatements, novations, modifications, supplements, changes, replacements and waivers to limited partners such instruments, but only to the extent that such amendments, restatements, novations, modifications, supplements, replacements, changes and waivers are permitted or not prohibited by the Partnership notwithstanding terms of this Loan Agreement or the affected agreement or Contractual Obligation and references herein to any defined term, section, clause or article of such agreements or Contractual Obligations shall be deemed to refer to such defined term, section, clause or article of such agreements or Contractual Obligations, as amended, restated or replaced, as appropriate, (b) references herein to Requirements of Law are to be construed as including all statutory provisions consolidating, amending, substituting, reenacting, modifying or replacing the Requirement of Law to which reference is made and all rules and regulations promulgated pursuant to such Requirement of Law, (c) references herein to Persons include their respective successors and permitted assigns and, in the case of any Governmental Authority, any Person succeeding to any of its functions and capacities and (d) references to days shall refer to calendar days, unless Business Days are specified; references to weeks, months or years shall be to calendar weeks, months or years, respectively. A reference to a document includes an agreement (as so defined) in writing or a certificate, notice, instrument or document, or any information recorded in computer disk form. Where a Loan Party is required to provide any document to the Administrative Agent, the Collateral Agent or the Lender under the terms of this Loan Agreement, the relevant document shall be provided in electronic form (as defined in Section 6.06(a)) or both printed and electronic form unless the Administrative Agent, the Collateral Agent or the Lender requests otherwise. This Loan Agreement is the result of negotiations among, and has been reviewed by counsel to, the Administrative Agent, the Collateral Agent, the Lender and the Loan Parties, and is the product of all parties. In the interpretation of this Loan Agreement, no rule of construction shall apply to disadvantage one party on the ground that such payments party proposed or was involved in the preparation of any particular provision of this Loan Agreement or this Loan Agreement itself. Except where otherwise expressly stated, the Administrative Agent, the Collateral Agent or the Lender may otherwise give or withhold, or give conditionally, approvals and consents and may form opinions and make determinations at its absolute discretion. Any requirement of good faith, discretion or judgment by the Administrative Agent, the Collateral Agent or the Lender shall not be characterized as a return construed to require the Administrative Agent, the Collateral Agent or the Lender to request or await receipt of capitalinformation or documentation from or with respect to the Borrower, any other Loan Party or any other Person.

Interpretation, etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any ArticleSection, SectionAppendix, Schedule or Exhibit shall be to a Section, an Article or a Section ofAppendix, or a Schedule or an Exhibit toExhibit, this Agreementas the case may be, hereof unless otherwise specifically provided. Any requirement for a referenced agreement, instrument, certificate or other document to be in “substantially” the form of an Appendix, Schedule, or Exhibit hereto means that such referenced document shall be in the form of such Appendix, Schedule, or Exhibit with such modifications to such form as are approved by Requisite Purchasers, and, in the case of any Collateral Document, Collateral Agent, in each case in Collateral Agent’s sole discretion. The words “includehereof”, “includeshereunder”, “hereby”, and words of similar import used in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. The use herein of the words “include” and or “including,” when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to be followed by refer to all other items or matters that fall within the phrase broadest possible scope of such general statement, term or matter. The use herein of the words “without limitationcontinuing”, “continuance”, “existing”, or any words of similar import or derivatives of any such words in reference to any Event of Default means that such Event of Default has not been expressly waived or, solely with respect to any Event of Default with respect to the financial covenant set forth in Section 6.8(a), deemed cured in accordance with the terms of Section 8.2. The word “will” shall be construed to have as having the same meaning and effect as the word “shall”. The words “assetassets” and “property” shall be construed to have as having the same meaning and effect and to refer to any and all real and personal, tangible and intangible assets and properties, including cash, Securities, accounts and contract rightsproperties of any relevant Person or Persons. The word “law” terms lease and license shall be construed as referring to all statutesinclude sub-lease and sub-license. Whenever the context may require, rulesany pronoun shall be construed to include the corresponding masculine, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply)feminine, and all judgments, orders, writs neuter forms. References to Persons include their respective permitted successors and decrees, of all Governmental Authoritiesassigns. Except as otherwise expressly provided herein and unless the context requires otherwiseherein, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference to any statute, rule or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rulesstatutes, legislative acts, laws, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entity, any other Governmental Authority or entity that shall have succeeded to any or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof. All references to dividends or distributions rules shall be deemed to include all payments refer to limited partners by such statutes, acts, laws, regulations, and rules as in effect from time to time, including any amendments of the Partnership notwithstanding that such payments may otherwise be characterized as a return of capital.same and

Interpretation, etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any ArticleSection, SectionAppendix, Schedule or Exhibit shall be to a Section, an Article or a Section ofAppendix, or a Schedule or an Exhibit toExhibit, this Agreementas the case may be, hereof unless otherwise specifically provided. Any requirement for a referenced agreement, instrument, certificate or other document to be in “substantially” the form of an Appendix, Schedule, or Exhibit hereto means that such referenced document shall be in the form of such Appendix, Schedule, or Exhibit with such modifications to such form as are approved by Administrative Agent, and, in the case of any Collateral Document, Collateral Agent, in each case in such Agent’s sole discretion. The words “includehereof”, “includeshereunder”, “hereby”, and words of similar import used in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. The use herein of the words “include” and or “including,” when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to be followed by refer to all other items or matters that fall within the phrase broadest possible scope of such general statement, term or matter. The use herein of the words “without limitationcontinuing”, “continuance”, “existing”, or any words of similar import or derivatives of any such words in reference to any Event of Default means that such Event of Default has not been expressly waived. The word “will” shall be construed to have as having the same meaning and effect as the word “shall”. The words “assetassets” and “property” shall be construed to have as having the same meaning and effect and to refer to any and all real and personal, tangible and intangible assets and properties, including cash, Securities, accounts and contract rightsproperties of any relevant Person or Persons. The word “law” terms lease and license shall be construed as referring to all statutesinclude sub-lease and sub-license. Whenever the context may require, rulesany pronoun shall be construed to include the corresponding masculine, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply)feminine, and all judgments, orders, writs neuter forms. References to Persons include their respective permitted successors and decrees, of all Governmental Authoritiesassigns. Except as otherwise expressly provided herein herein, references to statutes, legislative acts, laws, regulations, and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) rules shall be construed as referring deemed to refer to such agreementstatutes, instrument or other document acts, laws, regulations, and rules as in effect from time to time amendedtime, supplemented or otherwise modified (subject including any amendments of the same and any successor statutes, acts, laws, regulations, and rules, unless any such reference is expressly limited to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference refer to any statute, act, law, regulation, or rule or regulation shall be construed “as referring thereto in effect on” a specified date. Except as from time to time amendedotherwise expressly provided herein, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein in or to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entitythis Agreement, any other Governmental Authority Credit Document, or entity that shall have succeeded to any other agreement, instrument, or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, other document shall be construed to refer to the referenced agreement, instrument, or document as assigned, amended, restated, supplemented, or otherwise modified from time to time, in each case in accordance with the express terms of this Agreement and any other relevant Credit Document unless such reference is expressly limited to refer to such agreement, instrument, or other document “as in its entirety and not effect on” a specified date. Except as otherwise provided therein, this Section 1.3 shall apply equally to any particular provision hereof. All references to dividends or distributions shall be deemed to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized each other Credit Document as a return of capitalif fully set forth therein, mutatis mutandis.

Interpretation, etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any ArticleSection, SectionAppendix, Schedule or Exhibit shall be to a Section, an Article or a Section ofAppendix, or a Schedule or an Exhibit toExhibit, this Agreementas the case may be, hereof unless otherwise specifically provided. Any requirement for a referenced agreement, instrument, certificate or other document to be in “substantially” the form of an Appendix, Schedule, or Exhibit hereto means that such referenced document shall be in the form of such Appendix, Schedule, or Exhibit with such modifications to such form as are approved by Administrative Agent (without any requirement for Lender consent), and, in the case of any Collateral Document, Administrative Agent, in each case in such Agent’s sole discretion (without any requirement for Lender consent). The words “include”, hereof,” “includeshereunder,” “hereby,” and words of similar import used in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. The use herein of the words “include” or “including,” when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to be followed by refer to all other items or matters that fall within the phrase broadest possible scope of such general statement, term or matter. The use herein of the words “without limitation”continuing,” “continuance,” “existing,” or any words of similar import or derivatives of any such words in reference to any Event of Default means that such Event of Default has not been expressly waived or cured in accordance with the terms hereof (to the extent it is capable of being cured). The word “will” shall be construed to have as having the same meaning and effect as the word “shall”. .” The words “assetassets” and “property” shall be construed to have as having the same meaning and effect and to refer to any and all real and personal, tangible and intangible assets and properties, including cash, Securities, accounts and contract rightsproperties of any relevant Person or Persons. The word “law” terms lease and license shall be construed as referring to all statutesinclude sub-lease and sub-license, rulesrespectively. Whenever the context may require, regulationsany pronoun shall be construed to include the corresponding masculine, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply)feminine, and all judgments, orders, writs neuter forms. References to Persons include their respective permitted successors and decrees, of all Governmental Authoritiesassigns. Except as otherwise expressly provided herein herein, references to statutes, legislative acts, laws, regulations, and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) rules shall be construed as referring deemed to refer to such agreementstatutes, instrument or other document acts, laws, regulations, and rules as in effect from time to time amendedtime, supplemented or otherwise modified (subject including any amendments of the same and any successor statutes, acts, laws, regulations, and rules, unless any such reference is expressly‌ limited to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference refer to any statute, act, law, regulation, or rule or regulation shall be construed “as referring thereto in effect on” a specified date. Except as from time to time amendedotherwise expressly provided herein, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein in or to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entitythis Agreement, any other Governmental Authority Credit Document, or entity that shall have succeeded to any other agreement, instrument, or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, other document shall be construed to refer to the referenced agreement, instrument, or document as assigned, amended, restated, supplemented, or otherwise modified from time to time, in each case in accordance with the express terms of this Agreement and any other relevant Credit Document unless such reference is expressly limited to refer to such agreement, instrument, or other document “as in its entirety and not effect on” a specified date. Except as otherwise provided therein, this Section 1.3 shall apply equally to any particular provision hereof. All references to dividends or distributions shall be deemed to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized each other Credit Document as a return of capitalif fully set forth therein, mutatis mutandis.

Interpretation, etc. Any All references in this Deed of Trust to Exhibits, Schedules, articles, sections, subsections, definitions and other subdivisions refer to the terms defined herein mayExhibits, Schedules, articles, sections, subsections, definitions and other subdivisions of this Deed of Trust unless expressly provided otherwise. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all amendments, supplements or restatements thereof. Titles appearing at the beginning of any subdivisions hereof are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Deed of Trust", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Deed of Trust as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". References to a Person's "discretion" refer to such Person's sole and absolute discretion. Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Unless otherwise specified, be used in the singular or the plural, depending on the reference. References references herein to any Article, Section, Schedule particular Person also refer to its successors and permitted assigns. This Deed of Trust has been reviewed and negotiated by sophisticated parties with access to legal counsel and no rule of construction shall apply hereto or Exhibit shall be to an Article thereto which would require or a Section of, or a Schedule or an Exhibit to, allow this Agreement, unless otherwise specifically provided. The words “include”, “includes” and “including” shall be deemed Deed of Trust to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. The words “asset” and “property” shall be construed to have the same meaning and effect and to refer to against any and all real and personal, tangible and intangible assets and properties, including cash, Securities, accounts and contract rights. The word “law” shall be construed as referring to all statutes, rules, regulations, codes and other laws (including official rulings and interpretations thereunder having the force party because of law or with which affected Persons customarily comply), and all judgments, orders, writs and decrees, its role in drafting this Deed of all Governmental Authorities. Except as otherwise expressly provided herein and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference to any statute, rule or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entity, any other Governmental Authority or entity that shall have succeeded to any or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof. All references to dividends or distributions shall be deemed to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized as a return of capitalTrust.

Interpretation, etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any ArticleSection, SectionAppendix, Schedule or Exhibit shall be to a Section, an Article or a Section ofAppendix, or a Schedule or an Exhibit toExhibit, this Agreementas the case may be, hereof unless otherwise specifically provided. Any requirement for a referenced agreement, instrument, certificate or other document to be in “substantially” the form of an Appendix, Schedule, or Exhibit hereto means that such referenced document shall be in the form of such Appendix, Schedule, or Exhibit with such modifications to such form as are approved by Administrative Agent, and, in the case of any Collateral Document, Collateral Agent, in each case in such Agent’s sole discretion. The words “includehereof”, “includeshereunder”, “hereby”, and words of similar import used in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. The use herein of the words “include” and or “including,” when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to be followed by refer to all other items or matters that fall within the phrase broadest possible scope of such general statement, term or matter. The use herein of the words “without limitationcontinuing”, “continuance”, “existing”, or any words of similar import or derivatives of any such words in reference to any Event of Default means that such Event of Default has not been expressly waived. The word “will” shall be construed to have as having the same meaning and effect as the word “shall”. The words “assetassets” and “property” shall be construed to have as having the same meaning and effect and to refer to any and all real and personal, tangible and intangible assets and properties, including cash, Securities, accounts and contract rightsproperties of any relevant Person or Persons. The word “law” terms lease and license shall be construed as referring to all statutesinclude sub-lease and sub-license. Whenever the context may require, rulesany pronoun shall be construed to include the corresponding masculine, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply)feminine, and all judgments, orders, writs neuter forms. References to Persons include their respective permitted successors and decrees, of all Governmental Authoritiesassigns. Except as otherwise expressly provided herein and unless the context requires otherwiseherein, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference to any statute, rule or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rulesstatutes, legislative acts, laws, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entity, any other Governmental Authority or entity that shall have succeeded to any or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof. All references to dividends or distributions rules shall be deemed to include all payments refer to limited partners by such statutes, acts, laws, regulations, and rules as in effect from time to time, including any amendments of the Partnership notwithstanding that same and any successor statutes, acts, laws, regulations, and rules, unless any such payments may otherwise be characterized as a return of capital.reference is expressly WEIL:\96958663\10\71605.0155

Interpretation, etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any Article, Section, Schedule or Exhibit shall be to an Article or a Section of, or a Schedule or an Exhibit to, this Agreement, unless otherwise specifically provided. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. The words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all real and personal, tangible and intangible assets and properties, including cash, Securitiessecurities, accounts and contract rights. The word “law” shall be construed as referring to all statutes, rules, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply), and all judgments, orders, writs and decrees, of all Governmental Authorities. Except as otherwise expressly provided herein and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference to any statute, rule or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entity, any other Governmental Authority or entity that shall have succeeded to any or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof. All references to dividends Terms defined in the UCC as in effect in the State of New York on the Effective Date and not otherwise defined herein shall, unless the context otherwise indicates, have the meanings provided by those definitions. For purposes of this Agreement, the fair market value of any asset or distributions property shall be deemed to include all payments to limited partners such fair market value as is reasonably determined by the Partnership notwithstanding that such payments may otherwise be characterized as a return of capitalBorrower.

Interpretation, etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any ArticleSection, SectionAppendix, Schedule or Exhibit shall be to a Section, an Article or a Section ofAppendix, or a Schedule or an Exhibit toExhibit, this Agreementas the case may be, hereof unless otherwise specifically provided. Any requirement for a referenced agreement, instrument, certificate or other document to be in “substantially” the form of an Appendix, Schedule, or Exhibit hereto means that such referenced document shall be in the form of such Appendix, Schedule, or Exhibit with such modifications to such form as are approved by Requisite Purchasers, and, in the case of any Collateral Document, Collateral Agent, in each case in Collateral Agent’s sole discretion. The words “includehereof”, “includeshereunder”, “hereby”, and words of similar import used in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. The use herein of the words “include” and or “including,” when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to be followed by refer to all other items or matters that fall within the phrase broadest possible scope of such general statement, term or matter. The use herein of the words “without limitationcontinuing”, “continuance”, “existing”, or any words of similar import or derivatives of any such words in reference to any Event of Default means that such Event of Default has not been expressly waived. The word “will” shall be construed to have as having the same meaning and effect as the word “shall”. The words “assetassets” and “property” shall be construed to have as having the same meaning and effect and to refer to any and all real and personal, tangible and intangible assets and properties, including cash, Securities, accounts and contract rightsproperties of any relevant Person or Persons. The word “law” terms lease and license shall be construed as referring to all statutesinclude sub-lease and sub-license. Whenever the context may require, rulesany pronoun shall be construed to include the corresponding masculine, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply)feminine, and all judgments, orders, writs neuter forms. References to Persons include their respective permitted successors and decrees, of all Governmental Authoritiesassigns. Except as otherwise expressly provided herein herein, references to statutes, legislative acts, laws, regulations, and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) rules shall be construed as referring deemed to refer to such agreementstatutes, instrument or other document acts, laws, regulations, and rules as in effect from time to time amendedtime, supplemented or otherwise modified (subject including any amendments of the same and any successor statutes, acts, laws, regulations, and rules, unless any such reference is expressly limited to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference refer to any statute, act, law, regulation, or rule “as in effect on” a specified date. Except as otherwise expressly provided herein, any reference in or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified this Agreement (including by succession of comparable successor lawsany Appendix, Schedule, or Exhibit hereto), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entity, any other Governmental Authority Note Document, or entity that shall have succeeded to any other agreement, instrument, or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, other document shall be construed to refer to the referenced agreement, instrument, or document as assigned, amended, restated, supplemented, or otherwise modified from time to time, in each case in accordance with the express terms of this Agreement and any other relevant Note Document unless such reference is expressly limited to refer to such agreement, instrument, or other document “as in its entirety and effect on” a specified date. Unless otherwise expressly stated, if a Person may not take an action under this Agreement, then it may not take that action indirectly, or take any action assisting or supporting any other Person in taking that action directly or indirectly. “Taking an action indirectly” means taking an action that is not expressly prohibited for the Person but is intended to any particular provision hereofhave substantially the same effects as the prohibited action. All references Except as otherwise provided therein, this Section 1.3 shall apply equally to dividends or distributions shall be deemed to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized each other Note Document as a return of capitalif fully set forth therein, mutatis mutandis.

Interpretation, etc. (a) Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any Article, Section, Schedule or Exhibit shall be to an Article or a Section of, or a Schedule or an Exhibit to, this Agreement, unless otherwise specifically provided. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. The words “asset” and “property” shall be construed to have the same meaning and effect and ​ to refer to any and all real and personal, tangible and intangible assets and properties, including cashCash, Securities, accounts and contract rights. The word “law” shall be construed as referring to all statutes, rules, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply), and all judgments, orders, writs and decrees, of all Governmental Authorities. Except as otherwise expressly provided herein and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth hereinherein and, in the case of the Merger Agreement, subject to the approval thereof by the Arranger to the extent such approval would be required under Section 3.1), (b) any definition of or reference to any statute, rule or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entity, any other Governmental Authority or entity that shall have succeeded to any or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof. All references to dividends or distributions shall be deemed to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized as a return of capital.

Interpretation, etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any ArticleSection, SectionAppendix, Schedule or Exhibit shall be to a Section, an Article or a Section ofAppendix, or a Schedule or an Exhibit toExhibit, this Agreementas the case may be, hereof unless otherwise specifically provided. Any requirement for a referenced agreement, instrument, certificate or other document to be in “substantially” the form of an Appendix, Schedule, or Exhibit hereto means that such referenced document shall be in the form of such Appendix, Schedule, or Exhibit with such modifications to such form as are approved by Administrative Agent, and, in the case of any Collateral Document, Collateral Agent, in each case in such Agent’s sole discretion. The words “includehereof”, “includeshereunder”, “hereby”, and words of similar import used in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. The use herein of the words “include” and or “including,” when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to be followed by refer to all other items or matters that fall within the phrase broadest possible scope of such general statement, term or matter. The use herein of the words “without limitationcontinuing”, “continuance”, “existing”, or any words of similar import or derivatives of any such words in reference to any Event of Default means that such Event of Default has not been expressly waived. The word “will” shall be construed to have as having the same meaning and effect as the word “shall”. The words “assetassets” and “property” shall be construed to have as having the same meaning and effect and to refer to any and all real and personal, tangible and intangible assets and properties, including cash, Securities, accounts and contract rightsproperties of any relevant Person or Persons. The word “law” terms lease and license shall be construed as referring to all statutesinclude sub-lease and sub-license. Whenever the context may require, rulesany pronoun shall be construed to include the corresponding masculine, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply)feminine, and all judgments, orders, writs neuter forms. References to Persons include their respective permitted successors and decrees, of all Governmental Authoritiesassigns. Except as otherwise expressly provided herein herein, references to statutes, legislative acts, laws, regulations, and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) rules shall be construed as referring deemed to refer to such agreementstatutes, instrument or other document acts, laws, regulations, and rules as in effect from time to time amendedtime, supplemented or otherwise modified (subject including any amendments of the same and any successor statutes, acts, laws, regulations, and rules, unless any such reference is expressly limited to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference refer to any statute, act, law, regulation, or rule “as in effect on” a specified date. Except as otherwise expressly provided herein, any reference in or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified this Agreement (including by succession of comparable successor lawsany Appendix, Schedule, or Exhibit hereto), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entity, any other Governmental Authority Credit Document, or entity that shall have succeeded to any other agreement, instrument, or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, other document shall be construed to refer to the referenced agreement, instrument, or document as assigned, amended, restated, supplemented, or otherwise modified from time to time, in each case in accordance with the express terms of this Agreement and any other relevant Credit Document unless such reference is expressly limited to refer to such agreement, instrument, or other document “as in its entirety and effect on” a specified date. Unless otherwise expressly stated, if a Person may not take an action under this Agreement, then it may not take that action indirectly, or take any action assisting or supporting any other Person in taking that action directly or indirectly. “Taking an action indirectly” means taking an action that is not expressly prohibited for the Person but is intended to any particular provision hereofhave substantially the same effects as the prohibited action. All references Except as otherwise provided therein, this Section 1.3 shall apply equally to dividends or distributions shall be deemed to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized each other Credit Document as a return of capitalif fully set forth therein, mutatis mutandis.

Interpretation, etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any ArticleSection, SectionAppendix, Schedule or Exhibit shall be to a Section, an Article or a Section ofAppendix, or a Schedule or an Exhibit toExhibit, this Agreementas the case may be, hereof unless otherwise specifically provided. Any requirement for a referenced agreement, instrument, certificate or other document to be in “substantially” the form of an Appendix, Schedule, or Exhibit hereto means that such referenced document shall be in the form of such Appendix, Schedule, or Exhibit with such modifications to such form as are approved by Administrative Agent, and, in the case of any Collateral Document, Collateral Agent, in each case in such Agent’s sole discretion. The words “includehereof”, “includeshereunder”, “hereby”, and words of similar import used in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. The use herein of the words “include” and or “including,” when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to be followed by refer to all other items or matters that fall within the phrase broadest possible scope of such general statement, term or matter. The use herein of the words “without limitationcontinuing”, “continuance”, “existing”, or any words of similar import or derivatives of any such words in reference to any Event of Default means that such Event of Default has not been expressly waived in accordance with Section 10.5. The word “will” shall be construed to have as having the same meaning and effect as the word “shall”. The words “assetassets” and “property” shall be construed to have as having the same meaning and effect and to refer to any and all real and personal, tangible and intangible assets and properties, including cash, Securities, accounts and contract rightsproperties of any relevant Person or Persons. The word “law” terms lease and license shall be construed as referring to all statutesinclude sub-lease and sub-license. Whenever the context may require, rulesany pronoun shall be construed to include the corresponding masculine, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply)feminine, and all judgments, orders, writs neuter forms. References to Persons include their respective permitted successors and decrees, of all Governmental Authoritiesassigns. Except as otherwise expressly provided herein herein, references to statutes, legislative acts, laws, regulations, and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) rules shall be construed as referring deemed to refer to such agreementstatutes, instrument or other document acts, laws, regulations, and rules as in effect from time to time amendedtime, supplemented or otherwise modified (subject including any amendments of the same and any successor statutes, acts, laws, regulations, and rules, unless any such reference is expressly limited to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference refer to any statute, act, law, regulation, or rule “as in effect on” a specified date. Except as otherwise expressly provided herein, any reference in or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified this Agreement (including by succession of comparable successor lawsany Appendix, Schedule, or Exhibit hereto), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entity, any other Governmental Authority Credit Document, or entity that shall have succeeded to any other agreement, instrument, or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, other document shall be construed to refer to the referenced agreement, instrument, or document as assigned, amended, restated, supplemented, or otherwise modified from time to time, in each case in accordance with the express terms of this Agreement and any other relevant Credit Document unless such reference is expressly limited to refer to such agreement, instrument, or other document “as in its entirety and effect on” a specified date. Unless otherwise expressly stated, if a Person may not take an action under this Agreement, then it may not take that action indirectly, or take any action assisting or supporting any other Person in taking that action directly or indirectly. “Taking an action indirectly” means taking an action that is not expressly prohibited for the Person but is intended to any particular provision hereofhave substantially the same effects as the prohibited action. All references Except as otherwise provided therein, this Section 1.3 shall apply equally to dividends or distributions shall be deemed to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized each other Credit Document as a return of capitalif fully set forth therein, mutatis mutandis.

Interpretation, etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any Article, Section, Schedule or Exhibit shall be to an Article or a Section of, or a Schedule or an Exhibit to, this Agreement, unless otherwise specifically provided. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. The words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all real and personal, tangible and intangible assets and properties, including cashCash, Securities, accounts and contract rights. The word “law” shall be construed as referring to all statutes, rules, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply), and all judgments, orders, writs and decrees, of all Governmental Authorities. Except as otherwise expressly provided herein and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth hereinherein and, in the case of the Merger Agreement and the Life Sciences Sale Agreement, subject to the approval thereof by the Arranger to the extent such approval would be required under Section 3), (b) any definition of or reference to any statute, rule or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entity, any other Governmental Authority or entity that shall have succeeded to any or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof. All references to dividends or distributions shall be deemed to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized as a return of capital.

Interpretation, etc. (a) Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any Article, Section, Schedule or Exhibit shall be to an Article or a Section ofSection, or a Schedule or an Exhibit toExhibit, this Agreementas the case may be, hereof unless otherwise specifically provided. The words use herein of the word “include” or “including”, when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “includeswithout limitation” and or “includingbut not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to be followed by refer to all other items or matters that fall within the phrase “without limitation”broadest possible scope of such general statement, term or matter. The word “will” shall be construed to have use herein of the same meaning and effect as the word “shall”. The words “assetherein,” “hereto,” “hereof” and “propertyhereunder” and words of similar import when used in any Credit Document shall be construed to have the same meaning and effect and to refer to such Credit Document as a whole and not to any and all real and personal, tangible and intangible assets and properties, including cash, Securities, accounts and contract rightsparticular provision thereof. The word “law” shall be construed as referring to all statutes, rules, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply), and all judgments, orders, writs and decrees, of all Governmental Authorities. Except as Unless otherwise expressly provided herein and unless the context requires otherwiseherein, (ai) any definition of or reference references to any agreementOrganizational Documents, instrument or other document agreements (including this Agreement and the other Credit Documents) and other contractual instruments shall be construed as referring deemed to such agreementinclude all subsequent amendments, instrument or restatements, extensions, supplements and other document as from time modifications thereto, but only to time amended, supplemented or otherwise modified (subject to any restrictions on the extent that such amendments, restatements, extensions, supplements or and other modifications set forth herein), are not prohibited hereunder; and (b) any definition of or reference to any statute, rule or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute Legal Requirement shall be construed include all statutory and regulatory provisions consolidating, amending, replacing, supplementing or interpreting such Legal Requirement. The terms lease and license shall include sub-lease and sub-license, as referring applicable. Any reference to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein a Person party to any document shall include a successor in interest to such Person shall be construed to include and such Person’s successors and assigns (subject assigns, unless the succession of such Person or the assignment to any restrictions on assignment set forth herein) such Person is not permitted hereunder and, in the case of any Governmental Authority or any self-regulating entityAuthority, any other Governmental Authority or entity that shall have succeeded to any or all of the functions thereof. Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and (d) “or” are not exclusive. In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including;” the words “herein”, “hereofto” and “hereunder”, until” each mean “to but excluding;” and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof. All references to dividends or distributions shall be deemed to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized as a return of capital.word “

Interpretation, etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any ArticleSection, SectionAppendix, Schedule or Exhibit shall be to a Section, an Article or a Section ofAppendix, or a Schedule or an Exhibit toExhibit, this Agreementas the case may be, hereof unless otherwise specifically provided. Any requirement for a referenced agreement, instrument, certificate or other document to be in “substantially” the form of an Appendix, Schedule, or Exhibit hereto means that such referenced document shall be in the form of such Appendix, Schedule, or Exhibit with such modifications to such form as are approved by Administrative Agent, and, in the case of any Collateral Document, Collateral Agent, in each case in such Agent’s sole discretion. The words “includehereof”, “includeshereunder”, “hereby”, and words of similar import used in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. The use herein of the words “include” and or “including,” when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to be followed by refer to all other items or matters that fall within the phrase broadest possible scope of such general statement, term or matter. The use herein of the words “without limitationcontinuing”, “continuance”, “existing”, or any words of similar import or derivatives of any such words in reference to any Event of Default means that such Event of Default has not been expressly waived. The word “will” shall be construed to have as having the same meaning and effect as the word “shall”. The words “assetassets” and “property” shall be construed to have as having the same meaning and effect and to refer to any and all real and personal, tangible and intangible assets and properties, including cash, Securities, accounts and contract rightsproperties of any relevant Person or Persons. The word “law” shall be construed as referring to all statutes, rules, regulations, codes terms lease and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply), and all judgments, orders, writs and decrees, of all Governmental Authorities. Except as otherwise expressly provided herein and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference to any statute, rule or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person license shall be construed to include such Person’s successors sub-lease and assigns (subject to any restrictions on assignment set forth herein) and, in sub-license. Whenever the case of any Governmental Authority or any self-regulating entitycontext may require, any other Governmental Authority or entity that shall have succeeded to any or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, pronoun shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof. All references to dividends or distributions shall be deemed to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized as a return of capital.WEIL:\96958663\10\71605.0155

Interpretation, etc. Any of the terms defined Wherever herein may, unless the context otherwise requires, be used in the singular or number is used, the same shall include the plural, depending on and the referencemasculine gender shall include the feminine and neuter genders, and vice versa, as the context shall require. References The section headings used herein to any Articleare for reference and convenience only, Sectionand shall not enter into the interpretation hereof. This Lease may be executed in several counterparts, Schedule or Exhibit each of which shall be to an Article or a Section oforiginal, or a Schedule or an Exhibit to, but all of which shall constitute one and the same instrument. No provisions of this Agreement, unless otherwise specifically provided. The words “include”, “includes” and “including” Lease shall be deemed to be followed by the phrase “without limitation”render Landlord and Tenant partners or participants in any other type of joint enterprise. The word term “willLandlord” whenever used herein shall mean only the then-owner of Landlord’s interest herein and upon any sale, transfer or assignment of the interest of Landlord herein, its respective successors in interest and/or assigns shall, during the term of their ownership of their respective estates herein, be deemed to be Landlord and the selling or transferring party shall be construed to have entirely free and relieved of all covenants and obligations hereunder except as hereinafter provided, without further agreement between the same meaning parties or their successors in interest and effect as the word “shall”. The words “asset” and “property” it shall be deemed and construed that at any such sale, transfer or other conveyance, that such successor, purchaser or transferee has assumed and agreed to have the same meaning and effect and to refer to carry out any and all real covenants and personalobligations of Landlord hereunder. This Lease shall not be construed against any party, tangible and intangible assets and properties, including cash, Securities, accounts and contract rights. The word “law” no consideration shall be construed as referring to all statutesgiven or presumption made, ruleson the basis of which party drafted this Lease, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply), and all judgments, orders, writs and decrees, of all Governmental Authorities. Except as otherwise expressly provided herein and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference to any statute, rule or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entity, any other Governmental Authority or entity that shall have succeeded to any or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, or supplied the form of Lease. All references to dividends This Lease and all rights, duties and performance hereunder or distributions hereof shall be deemed governed, interpreted, and construed in accordance with the laws of the State of Maine without giving effect to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized as a return its conflict of capitallaws provisions.

Interpretation, etc. (a) Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any Article, Section, Schedule or Exhibit shall be to an Article or a Section of, or a Schedule or an Exhibit to, this Agreement, unless otherwise specifically provided. The words “include”, “includes” and “including” shall be deemed ​ ​ to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. The words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all real and personal, tangible and intangible assets and properties, including cashCash, Securities, accounts and contract rights. The word “law” shall be construed as referring to all statutes, rules, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply), and all judgments, orders, writs and decrees, of all Governmental Authorities. Except as otherwise expressly provided herein and unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document (including this Agreement and the other Credit Documents) shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth hereinherein and, in the case of the Merger Agreement, subject to the approval thereof by the Arranger to the extent such approval would be required under Section 3.1), (b) any definition of or reference to any statute, rule or regulation shall be construed as referring thereto as from time to time amended, supplemented or otherwise modified (including by succession of comparable successor laws), and all references to any statute shall be construed as referring to all rules, regulations, rulings and official interpretations promulgated or issued thereunder, (c) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority or any self-regulating entity, any other Governmental Authority or entity that shall have succeeded to any or all functions thereof, and (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof. All references to dividends or distributions shall be deemed to include all payments to limited partners by the Partnership notwithstanding that such payments may otherwise be characterized as a return of capital.